Can a husband who has substantial income tax debt have to share the debt with his wife in the division of assets under s. 51(f) of the Divorce Act?
British Columbia, Canada
The following excerpt is from Buck v. Buck, 1987 CanLII 2622 (BC SC):
In Kolof v. Kolof [[1986] B.C.W.L.D. 2402, [1986] W.D.F.L. 1165], Vancouver, 2nd May 1986 (not yet reported), Catliff L.J.S.C. stated at p. 6: There was some suggestion by counsel that the law permits the trial judge to simply apportion liabilities generally between the spouses when dealing with the division of family assets under Pt. 3. I reject this suggestion. I know of no authority in law that simply requires one spouse to share the debts of the other. The law does of course require consideration of a spouse’s liabilities as they may affect the fairness of an equal division under s. 51(f) of the Act. Thus, if it was fair to do so, I could redivide family assets by reason of the husband’s liabilities, including his substantial income tax debt …
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the court in B.C. dealt with the division of assets between the husband and wife in a divorce case? (British Columbia, Canada)
Is a husband's contribution to a business considered a family asset in determining if the business asset is a business asset? (British Columbia, Canada)
If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support? (British Columbia, Canada)
What are the serious issues to be tried on an appeal by the husband against the husband's appeal against the Husband's Agreement of Divorce? (British Columbia, Canada)
When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets? (British Columbia, Canada)
In what circumstances will the court focus on the payor's income and assets that have not been included in the equalization or division of matrimonial assets? (British Columbia, Canada)
What are the implications of a husband's claim that his wife’s income and assets are equal to that of his assets? (British Columbia, Canada)
Can a disparity in incomes with substantial increase in one party's income constitute a significant change in circumstances? (British Columbia, Canada)
What is the test for reapportioning a wife's share of her husband's property in accordance with the husband's contributions to the wife's first marriage? (British Columbia, Canada)
How has the court interpreted section 51(1) of the Divorce Divorce and Divorce Act, s. 51(2) and s. 65(1)? (British Columbia, Canada)
